Trademark Co-existence Agreement

Co-existence agreements are how two parties with potentially conflicting trademark rights agree to use their marks side by side without litigating. They are most common where the parties have arrived at similar marks honestly, in different territories, sectors, or channels, and where neither has a clear knockout claim against the other.

What a co-existence agreement needs to handle

The drafting questions are: what each party can do (territory, goods and services, channels); what neither party can do (use that would create real consumer confusion); how the marks are presented (logo treatment, qualifying language); and what happens if circumstances change (expansion into the other party's space).

A good agreement is specific and leaves little room for argument. A vague agreement just postpones the dispute.

Often used to resolve a trademark opposition or potential conflict without litigation.

Example: a typical scope and fixed fee

For a co-existence arrangement between two parties with similar marks, the typical scope looks like this.

What's included

• A consultation to understand the overlap and your commercial priorities
• Drafting of a co-existence agreement covering permitted use, territorial or sector limitations, quality standards, and dispute resolution
• One round of revisions based on your feedback
• Final version ready to use

What's outside this scope

• Negotiation with the other party beyond the scope described above
• Trademark opposition or cancellation proceedings
• Tax advice

Fixed fee: £495, no VAT.

How I will approach your matter

Once you have instructed me, I will arrange a consultation to understand the overlap between the brands and your commercial priorities before drafting. The drafting will be specific about what each party can and cannot do, rather than leaving the boundaries vague.